Düsseldorf Tourismus GmbH
Travel Terms & Conditions
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Dear Client,
Please carefully read the following Travel Terms & Conditions. In addition to the statutory regulations, insofar as they have been effectively agreed in accordance with statutory
regulations, these Travel Terms & Conditions shall become an integral part of the contract concluded between you – hereinafter: “Customer” – and Düsseldorf Tourismus –hereinafter: “Organiser”

1. Scope of Application of these Travel Terms and Conditions
1.1. Insofar as these Travel Terms and Conditions are effectively
included in the concluded travel contract, they shall apply to theOrganiser’s package deals in the sense of the statutory regulations of Sections 651 a–y of the German Civil Code (BGB) (travel
contract).
1.2. These Travel Terms and Conditions shall also particularly
apply to the following offers, where the Organiser is the Customer’s responsible contracting partner:- Boat trip to the Japan Day’s firework display- Boat trip to the firework display of the big funfair on the Rhine- offers in whose advertisement an explicit reference is made to
the regulation in this point.
In the following, contracts in the sense of point 1.1 and 1.2 aredesignated as “travel contract”.
1.3. These Travel Terms and Conditions shall also not apply
to offers which the Organiser exclusively arranges and which
are not an integral part of the Organiser’s package deals. The
regulation in Section 651 b, sub-section 1 of the German Civil
Code (BGB) shall remain unaffected by this. Such offers whichhave only been arranged are, for instance:
1.3.1 Offers of local companies and service providers- “HopOn HopOff City tour”- “Düsseldorf-Safari”- “Altbier-Safari”- “Segway tours”- “Rickshaw tours”- “Urban Art Walk”- “Urban Art Ride”- “Urban design and hotel walk”- “True crime citytour”- “The sound of Düsseldorf”- “iPad rally”- “Quiz tour Düsseldorf”- “Düsseldorf and Napoleon”- “Nationalsozialismus/ Second World War”
- “Düsseldorf film tour – from Hollywood to Netflix”- “Düsseldorf comedy tour – the quirky original”- “Citytour in a London cab”
- “Boat tours”
1.3.2 Transport services with trains, buses and boats, particularly
those offered by Köln-Düsseldorfer Schifffahrtsgesellschaft andother transport companies.
1.3.3 Arranging trade fair passes
1.3.4 Guest guided tours which are offered by the Organiser
under its own responsibility and which are not part of a travel
package deal of the Organiser.
2. Conclusion of Travel Contract / obligation for accompanying travellers
2.1. The following shall apply to all types of booking (forinstance directly from the Organiser, by telephone, online, etc.):a) Bookings shall be made on the basis of the travel description
and the supplementary information provided by the Organiser
for the respective journey, insofar as this is available to theCustomer when booking.
b) The Customer shall be responsible for all contractual obligations of travellers for whom he makes a booking as well as his
own bookings, insofar as he has assumed this obligation throughan explicit and separate declaration.
c) If the content of the Organiser’s declaration differs from thebooking content, this shall constitute a new offer by the Organiser which shall remain binding for ten days. The contract shallbe concluded on the basis of this new offer if the Organiser has
drawn attention to the change regarding the new offer and has
fulfilled its pre-contractual information obligations and the Customer has signalled his acceptance to the Organiser through an
explicit declaration or payment within the commitment period.
d) The pre-contractual information provided by the Organiser
regarding important characteristics of the travel services,
the travel price and all additional costs, payment modalities,
minimum number of participants and fixed cancellation fees
(pursuant to Art. 250, Section 2, no. 1.3 to 5 and the introductory
Act to the German Civil Code (EGBGB)) shall then not be partof the travel package contract insofar as this has been explicitly
agreed between the parties.
2.2. The following shall apply to bookings made verbally, by
telephone, in writing, by text message, email or fax:a) By booking (travel registration) the Customer makes a binding offer to the Organiser for concluding the travel package
contract.
b) The contract shall be concluded when the Organiser’s travel
confirmation is received. Upon conclusion of the contact or
immediately after, the Organiser shall send a travel confirmationin accordance with statutory regulations on a permanent datacarrier to the Customer (which enables the Customer to store
or save the declaration in unaltered form so that this is available
for an appropriate period of time, for instance on paper or byemail), insofar as the Customer does not have the right to a
travel confirmation pursuant to Art. 250, Section 6, sub-section
1, sentence 2 of the Introductory Act to the German Civil Code
(EGBGB)), because the contract is concluded during the simultaneous presence of both parties or outside the business premises.
2.3. For bookings made using electronic commerce (forinstance Internet, app) the following shall apply to the contractconclusion:a) The online booking procedure is explained to the Customer in
the appropriate application.
b) An appropriate correction tool shall be available for the
Customer to correct or delete entries or reset the entire booking
form, and instructions shall be provided on how to use this.

c) The contract languages available for electronic booking are
stipulated.
d) If the contract text is stored by the Organiser, the Customer isinformed and instructed on the option of subsequently accessing the contract text.
e) By clicking the button “zahlungspflichtig buchen“ (book withpayment obligation) or with a similar formulation, the Customer
bindingly offers the Organiser the conclusion of the travel package contract.
f) The Customer immediately receives an electronic confirmation that the travel booking has been received. (Confirmationof receipt).
g) By pressing the button for the travel registration, the Customer does not have any right to the conclusion of a contract.
h) The contract is concluded when the Customer receives theOrganiser’s travel booking confirmation on a permanent datacarrier. If the travel booking confirmation is displayed on thescreen immediately after the booking was confirmed by clicking
the button “zahlungspflichtig buchen” (book with payment
obligation), the travel package contract shall be concluded when
this travel confirmation is displayed. In this case no preliminary
notification regarding receipt of the booking in accordance withf) above shall be required if the Customer has the possibility ofstoring the travel booking confirmation on a permanent datacarrier and printing it out. However, the travel package contract
shall be binding regardless of whether the Customer uses thisoption of storing or printing the confirmation.
2.4. The Organiser hereby points out that according to statutory
regulations, for travel package contracts pursuant to Section
651a and Section 651c of the German Civil Code (BGB) whichwere concluded through long-distance transactions, there isno right of rescission but merely the statutory cancellation andtermination rights, particularly the termination right pursuant to
Section 651 h of the German Civil Code (BGB). However, there
shall be a right of rescission if the contract for travel services
pursuant to Section 651 a of the German Civil Code (BGB) was
concluded outside business premises, unless the verbal negotiations which the conclusion of the contract is based on wereconducted with regard to the traveller’s previous order; in thelatter case there shall be no right of rescission.
3. Payment modalities and provision of travel documents
3.1. After the contract is concluded a payment of 20% of thetravel price plus costs for travel insurance that has been takenout shall be immediately due. The remaining payment shall be
due two weeks before commencing the journey.
3.2. Payments are only possible through bank transfer, PayPalor credit card payment. If the Organiser offers another free orstandard type of payment as an alternative, DT may charge a
processing fee equivalent to 1% of the invoice amount for credit
card payments.
3.3. The Organiser may request payments or downpayments on
the travel price - in particular in accordance with points 3.1. and3.2. – only if an effective insolvency protection is available andthe secured payment certificate with the name and contact dataof the insurer of the Customer’s money has been presented to
the Customer in a clear, comprehensible and emphasised way.
To secure the Customer’s money the Organiser has taken out an
insolvency insurance with R+V Allgemeine Versicherung AG tocover the travel guarantor.
3.4. After complete receipt of payment the travel documents
shall be sent by post to the address stipulated in the booking orby email. If delivery by post or email is not possible, the travel
documents shall be deposited at a place that must be individually agreed.
3.6. As a matter of principle documents shall only be sent
abroad if this was explicitly agreed between the Customer
and the Organiser. Otherwise the travel documents shall bedeposited for the Customer at a place that must be individuallyagreed.
4. Changes in services
4.1. Deviations of important characteristics of the travel
services from the agreed content of the travel package contract,which became necessary after conclusion of the contract andwere not implemented in bad faith by the Organiser, shall beallowed before commencement of the journey, insofar as these
deviations are insignificant and do not affect the overall character of the journey.
4.2. The Organiser is obligated to notify the Customer regarding the changes in services immediately after becoming awareof the reason for change: this notification must be made in aclear, comprehensible and emphasised way on a permanentdata carrier (for instance also email, text message or voice message).
4.3. In the case of a fundamental change of an importantcharacteristic of a travel service or deviation from specificrequirements of the Customer which became an integral partof the travel package contract - within an appropriate deadline
which the Organiser must set at the same time as making thenotification - the Customer shall be entitled to either accept thechange or withdraw from the contract or request participation inan alternative trip if the Organiser has offered such a trip.
The Customer may choose whether or not to respond to the Organiser’s notification. If the Customer responds to the Organiser,
he may either agree to the contract change, request participation in an alternative trip offered to him or withdraw from thecontract without any costs. If the Customer does not respond to
the Organiser or does not do so within the stipulated deadline,

the notified change shall be deemed as accepted. The Customer
must be notified of this in the declaration in accordance withpoint 5.2. in a clear, comprehensive and emphasised way.
4.4. If the changes or the alternative trip involves a reductionof quality in comparison to the originally booked trip or reduced
costs for the Organiser, the Customer shall have the right to an
appropriate price reduction.
5. Customer cancellation / travel cancellation costs
5.1. The Customer may cancel the travel contract at any time
before the travel date. The Customer is recommended to makehis cancellation on a permanent data carrier. The decisive criterion for the Customer’s cancellation, shall be that it is received
by the Organiser or its travel agency.
5.2. If the Customer cancels the travel contract or does not goon the trip, the Organiser shall lose its right to the travel price.
However, the Organiser may request appropriate compensation
if it is not responsible for the cancellation or if unusual circumstances occur at the place of destination or in its immediate
vicinity which severely affect the implementation of the package
trip or the transportation of persons at the place of destination.
Circumstances shall be deemed unavoidable and unusual ifthey are not within the control of the Organiser and their consequences could also not have been avoided if all reasonablemeasures had been taken.
5.3. The Organiser shall enforce fixed cost compensation for
travel cancellation in accordance with point 5.4. Here the period
between receipt of the cancellation and the agreed beginning of
the trip, the type of trip, the respective place of destination andthe expected savings on expenses and the expected earnings
through using the travel services elsewhere.
5.4. The compensation in accordance with point 5.3. shall becalculated at the time of receiving the cancellation as follows:
5.4.1. Up to the 31th day before the travel date 10% of the travel
price.
5.4.2. From the 30th to the 21th day before the travel date 20%of the travel price.
5.4.3. From the 20th to the 12th day before the travel date 30%of the travel price.
5.4.4. From the 11th to the 3rd day before the travel date 70% of
the travel price.
5.4.5. From the 3rd day before the travel date or if no use ismade of the travel package 90% of the travel price.
5.5. If the Organiser asserts a flat rate compensation in accordance with point 5.3. and 5.4., the Customer shall nevertheless beentitled to prove to the Organiser that less or even no damage
has been incurred.
5.6. The Organiser reserves the right, instead of the flat rates
stipulated in 6.3., to request higher, individually calculatedcompensation insofar as it proves that it has incurred considerably higher expenses than the respective applicable flat rates. In
this case the Organiser shall be obligated to specifically quantify
and prove the requested compensation, taking into account the
saved expenses and any possible other use of the travel services.
5.7. The Customer is recommended to take out a travel cancellation insurance and insurance covering the return costs in caseof accident or illness.
6. Booking change / replacement authorisation
6.1. If the Customer requests a booking change after conclusion of the travel contract, which can include changes to thetravel date, accommodation, type of board or any other services,
as a matter of principle the Customer shall have no legal right tosuch a booking change being implemented.
6.2. If a booking change is possible, the Organiser shall beentitled to charge a booking change fee of EUR 30.00 up to
the 44th day before the travel date. Later booking changes
shall only be possible through cancellation of the existing travel
contract and a new booking. Here the provisions of point 5 shallapply. The above-mentioned cost regulations shall not apply if arequest for a booking change only causes limited costs in relation to the agreed travel price or the booking change is causedby missing, insufficient or incorrect pre-contractual information
vis-à-vis the Customer, pursuant to Art. 250, Section 3 of theIntroductory Act to the German Civil Code (EGBGB).
6.3. Pursuant to Section 651 e of the German Civil Code (BGB),
through notification in good time on a permanent data carrier
the Customer may request that the Organiser allows a third
party to assume the rights and obligations based on the travel
package contract instead of the Customer. Such a notification shall in any case be deemed in good time if the Organiser
receives it 7 days before the travel date. Pursuant to Section 651
e of the German Civil Code (BGB), the original and new traveller
shall be liable as joint and several debtors for the travel priceand the additional costs incurred through the change of personusing the travel service.

Düsseldorf Tourismus GmbH
Travel Terms & Conditions
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7. Unused services

10. Limitation of liability

If the Customer fails to use individual services which the Organiser was willing and able to provide in accordance with the contract, due to reasons which the traveller is responsible for, theCustomer shall not have any right to partial reimbursement of
the travel price, insofar as such reasons would not have entitled
the Customer to cancellation without charges or to terminate
the travel package contract in accordance with statutory regulations. Upon request by the Customer, the Organiser shall try toreimburse the expenses saved by the service providers, unlessthese expenses are completely insignificant.

10.1. The Organiser’s contractual liability for damage, which
does not involve damage to life and limb or health and has notbeen caused culpably, shall be limited to three times the travel
price. Claims which possibly exceed this in accordance withinternational agreements or those based on statutory regulations
shall remain unaffected by this limitation.
10.2. The Organiser shall not be liable for impaired performance,
personal or material damage in connection with services which
are only mediated as third-party services if these services wereso clearly designated as third-party services in the travel offer
and travel confirmation and with the identity and address of themediating contractual partner as third-party services that thetraveller can recognise that they are not an integral part of theOrganiser’s package tour and that they were separately chosen.
Section 651 b, 651 c, 651 w and 651 y of the German Civil Code
(BGB) shall remain unaffected by this. However, the Organiser
shall be liable if and insofar the violation of the Organiser’s
notification, explanation or organisational obligations caused
damage to the Customer.

8. Termination and cancellation by the Organiser
8.1. The Organiser shall also be entitled to terminate the travel
contract without notice after the travel date for an importantreason. An important reason shall particular be if the Customer,
despite warning, continually disturbs or violates the contract
to such an extent that further participation for the Organiser
or traveller is no longer reasonable. This shall also apply if the
Customer does not follow objectively justified instructions. A
warning in the sense of clause 2 shall be unnecessary for theOrganiser if the Customer seriously disturbs the trip. This shallparticularly apply in the case of crimes against the Organiser’s
employees, against service providers or their employees as well
as against other travel guests. In the case of termination, theOrganiser shall still be entitled to the travel price unless there
are saved expenses and benefits from other use of the travel
service(s). Otherwise claims for compensation for damage shallbe unaffected.
8.2. If the Customer fails to pay the whole travel price or part ofit despite an appropriate new deadline being set, the Organiser
shall be entitled to cancel the travel package contract and also
request compensation through appropriate application of point
5.3 to 5.4. of these conditions.
9. Traveller’s cooperation obligations
9.1. Travel documents
The Customer must notify the Organiser or its travel agent
where he booked the package tour if he does not receive thenecessary travel documents (for instance hotel voucher, if
applicable trade fair pass, etc.) within the deadline notified by
the Organiser. If the Customer fails to do so, this may be treatedas contributory negligence on his part if the Organiser consequently assumes that since the travel documents were sent ingood time, the Customer has received them.
9.2. Complaints /request for remedial action
If the trip is not spent without travel defects, the traveller may
request remedial action. If the Organiser was unable to provide
remedial action because of negligent failure to lodge a complaint, although he would have otherwise been willing and able
to do so, the traveller shall neither be able to assert claims forprice reduction pursuant to Section 651m of the German Civil
Code (BGB) nor claims for compensation for damage pursuant
to Section 651n of the German Civil Code (BGB) for the consequent continuation of defects.
The traveller must immediately lodge his complaint to theOrganiser via the contact point of the Organiser or its local representative indicated to him in the travel documents. However,
the traveller may also lodge his complaint with the travel agent
where he booked the trip. A complaint lodged with the service
provider, in particular the accommodation company or thetransport company shall not be sufficient.
9.3. Setting a deadline before termination
If a Customer / traveller wants to terminate the travel package
contract pursuant to Section 651 l of the German Civil Code
(BGB) because of a travel defect of the type stipulated in Section
651 i, sub-section 2 of the German Civil Code (BGB), insofar as
this defect is considerable, prior to this he must set the Organiser an appropriate deadline for taking remedial action. This shallnot apply if the Organiser refuses to take remedial action or if
immediate remedial action is necessary.

11. Assertion of claims: Addressee; information on consumer
dispute resolution/choice of law/court of jurisdiction
11.1. The Customer shall assert any claims, based on failure to
render travel services as contractually agreed, vis-á-vis the Organiser Düsseldorf Tourismus GmbH, Benrather Straße 9, 40213
Düsseldorf Out-of-court assertion of claims may also be madevia the travel agent if the package tour was booked via this travel
agent. Assertion on a permanent data carrier is recommended.
11.2. The service providers’ employees shall not be authorised toaccept notifications of claims. They shall also not be authorised
to recognise claims on behalf of the Organiser.
11.3. With regard to the law on consumer dispute resolution, theOrganiser points out that it shall not participate in a voluntary
consumer dispute resolution. Insofar as dispute resolution
became an obligation for the Organiser after these travel
conditions were printed, the Organiser shall notify the Customer
about this in a suitable way. For all travel contracts which wereconcluded through electronic legal transactions the Organiser
points out the European online dispute resolution platform(http://ec.europa.eu/consumers/odr).
11.4. For Customers who are not a citizen of a Member Stateof the European Union or a Swiss citizen, German law shall beagreed for the entire legal and contractual relationship between
the Customer and the Organiser. These Customers may exclusively take legal action against the Organiser at the place of its
registered office.
11.5. In the case of lawsuits of the Organiser against Customers,
respectively contracting partners of the travel package contract,
who are businesspeople, legal persons under public or private
law, or persons whose domicile or main residence is abroad or
whose domicile or main residence is unknown at the time of thelawsuit, the place of the registered office of the Organiser - Düsseldorf - shall be the court of jurisdiction.

Travel organiser:
Düsseldorf Tourismus GmbHBenrather Straße 940213 Düsseldorf
Düsseldorf District Court, Commercial Register B 40263
Managing Directors: Frank Schrader, Ole Friedrich,Hans-Jürgen Rang
T +49 211 17 202-0
F +49 211 17 202-32 30
info@duesseldorf-tourismus.deDüsseldorf Tourismus GmbH
Terms and Conditions for the Sourcing ofTourism Services and for Guided Tours
Dear Client,
Please read the following Terms and Conditions carefully. Complementing the statutory requirements, these Terms and Conditions, insofar as they have been agreed with binding
legal effect, form an integral part of the contract concluded between you (hereinafter “the Client) and Düsseldorf Marketing & Tourism (hereinafter “DT”). Section A sets out the terms
for the sourcing of third-party services by DT, Section B the terms for guided tours offered by DT itself. Section C sets out general terms relating to choice of law and the applicable
place of jurisdiction.

Section A
Sourcing of tourism services
1. Scope of application of the terms set out
in Sections A and C
1.1 Insofar as DT acts in compliance with statutory requirements
as an agent for tourism services from third parties (hereinafter“Partners”), these agency terms shall apply where they have been
agreed with the Client with binding legal effect.
1.2 These agency terms therefore apply to services that are solely
sourced by DT.
Such solely sourced services include:
1.2.1 Services from local entrepreneurs and service providers- “HopOn HopOff City Tour”- “Düsseldorf Safari”- “Altbier Safari”- “The Sound of Düsseldorf”- “True Crime Tour”- “Urban Art Walk”- “Coffee and Cake, 172 metres up”
1.2.2 Transport services by rail, bus and ship and, in particular,
Köln-Düsseldorfer Schifffahrtsgesellschaft and other transportcompanies.
1.3 DT’s services shall be limited to the sourcing of tourism
products or services selected by the Client and shall end withtransmission of the travel confirmation and any other confirmation
documentation necessary for the successful conclusion of thecontract with the Partner.
1.4 The contract for the tourism products and services selectedby the Client shall be concluded between the corresponding provider (such as a hotelier, car hire business or travel agency) and theClient. DT is not a contracting party in this contractual relationship.
The contractual relationship between the Client and the Partner
shall be subject to the given statutory requirements and, whereagreed with binding legal effect and if so foreseen on the basis ofstatutory requirement, by the Partner’s Terms and Conditions ofBusiness and Terms and Conditions of Transport.
1.5 These agency terms shall not apply:
1.5.1 if the tourism services specified at Nos. 1.1. and 1.2. provided
by DT are integrated with other tourism services into a package.
In such cases, packages will be subject to Düsseldorf Tourismus
GmbH’s Terms and Conditions for Travel Services;
1.5.2 if and insofar as mandatory provisions of EU law or international treaties shall contain more favourable terms for the Client;1.5.3 if DT sources accommodation;
1.5.4 if DT sources admission tickets.
With regard to No. 1.5.3., where this has been agreed with binding
legal effect, the DT’s Terms and Conditions for Guest Lodging andSourcing for Accommodation Services shall apply; in the case of
No. 1.5.4., where this has been agreed with binding legal effect,
DT’s General Terms and Conditions for the Sourcing of Admission
Tickets shall apply.

2. Booking, conclusion of contract, contract wording
2.1 In making a booking enquiry, the Client invites the Partner toenter into a binding contract for tourism services. The basis of sucha contract shall be the service descriptions issued by the Partner.
2.2 The contract between DT and theClient shall be effected as an agency agreement when the Clientissues an agency instruction to DT. No special form is required.
2.3 Where the Client issues the instruction by electronic means(e.g. by telefax, e-mail or Internet) DT will immediately send electronic confirmation of its receipt of that instruction. This confirmation
complies with a statutory obligation and does not represent DT’s
acceptance of the agency instruction.
2.4 The wording and scope of the agency instruction setting out
mutual rights and obligations for the Client and DT shall be basedon the given agreements reached between the two parties savewhere other compelling statutory requirements do not apply. These
agency provisions and the statutory provisions of Sections 675 and631 ff. of the German Federal Civil Code (BGB) shall be complementary. The contract shall be effected with the Client’s receipt ofthe booking confirmation. This does not require any special form sothat oral and telephone confirmations shall also be legally bindingon the Client. Once a travel contract has been concluded, on
conclusion of the contract or immediately thereafter the Client will
receive a separate booking confirmation from the tour operator.
Where the booking enquiry is made by electronic means, the Client
will immediately receive electronic confirmation that this enquiry
has been received.

3. Remuneration, debt collection, reimbursementof expenses
3.1 DT’s agency activities are free of charge for the Client savewhere something else has been expressly agreed. However, DT
may demand reimbursement for expenses incurred as a result of
its agency activity, provided that this has been agreed or where DT
deems that the circumstances warrant such reimbursement.
3.2 DT is the Partner’s authorised debt collector. The total cost of
the sourced services is to be paid to DT once the booking confirmation has been issued. Where the sourced service is a package
tour, payment shall fall due with the handover of a tour operator
bond (Sicherungsschein) by the sourced Partner in compliance with
Section 651k of the German Federal Civil Code (BGB).
3.3 The right to full advance payment is based on DT’s independent right to the reimbursement of expenses in accordance with
Section 670 of the German Federal Civil Code (BGB) in relation to
payments made or to be made to the service provider. Cancellation
cost payments made or to be made to the service provider shallalso be covered by DT’s right to the reimbursement of expenses.

4. Liability of DT with regard to sourcing tourism
services and providing information
4.1 On the basis of the agency agreement, DT shall be responsible
for the careful processing and transmission of the Partner’s offers
and for the transmission of bookings to the Partner.
4.2 DT shall not be liable for the conclusion of a contract with thePartner, for the details provided by the Partner with regard to thescope and content of the sourced services, for the Partner’s priceinformation, for defects in the services provided, or for any personal or material damage resulting from such defects save where
DT has expressly agreed with the Client to assume liability for thesourced service. DT’s own liability arising out of culpable violationof its agency obligations shall remain unaffected.
4.3 With regard to the mere provision of advice and information,
DT shall be liable within the scope of the law and the contractual
provisions for the correct choice of its source of information, andcorrect transmission to the Client. In accordance with Section 675,
paragraph 2 of the German Federal Civil Code (BGB) DT shall not
be liable for the correctness of information it provides save where a
specific information agreement has been concluded.
4.4 DT’s liability shall be limited to intent and gross negligencesave where injury is caused to the life, limb, freedom or health of
the Client, or where damage is caused by DT’s violation of major
contractual
obligations.

Section B
Guided Tours
5. Scope of application of the terms set out
in Sections B and C
5.1 Where DT offers guided tours itself in accordance withstatutory requirements, the terms set out in this and the following
section shall apply where they have been agreed with the Clientwith binding legal effect.
5.2 With regard to guided tours, DT is the Client’s direct contractual partner on the basis of individual agreements relating to guided
tours, these Terms and Conditions and, in an ancillary capacity, thestatutory provisions of Section 611 ff. of the German Federal Civil
Code (BGB) in relation to service agreements save where someother arrangement has been expressly agreed individually.
5.3 Where the guided tours offered by DT are integrated into a
package with other tourism services, these terms shall not apply
but rather the “Düsseldorf Tourismus GmbH Terms and Conditions
for Travel Services”.

6. Prices/payment terms/refunds
6.1 The prices advertised by DT for the respective guided tour
shall apply save where the parties have agreed some other arrangement. Admission fees, catering costs, spa taxes, tourist taxes andtransport costs for public and private means of transport, city
maps, brochures and museum guidebooks are only included in theagreed price where they are expressly stipulated as forming partof the guided tour services or have been additionally agreed. The
same shall apply to costs for guided tours within such places ofinterest as are visited within the scope of guided tours.
6.2 The costs of the guided tour inclusive of all additional services
shall be payable in advance on receipt of the booking confirmation,
by bank transfer to the bank account specified by DT in the booking
confirmation save where some other individual arrangement has
been expressly agreed.
Payment with vouchers shall only be possible where such
vouchers are issued by DT or their issue by some third party has
been expressly agreed with DT and the vouchers are valid for therespective guided tour.

6.3 The Client shall only be entitled to receive the services fromDT in accordance with No. 5 of these Terms and Conditions where
it has made the advance payment in full or some later payment has
been expressly agreed or where it has some statutory or contractual right to retention.
6.4 The Client shall have no right to any refund of payments
already made if, for reasons for which the tour guide or DT are notresponsible, it fails to avail or only partially avails of the agreed
services although the tour guide is willing and able to provide theservice.
6.5 In the case where the Client delays availing of the service,
DT’s right to the agreed remuneration shall remain unaffected andthe Client shall have no right to take the guided tour at some later
date. DT must however allow saved expenses to be offset against
the remuneration as well as any remuneration that it has obtained
through the alternative use of the agreed services or has maliciously failed to obtain.

7. Services/tour guides/liability of DT
7.1 The Client is obliged to punctually honour the agreed guided
tour times. Should it be delayed, it is obliged to notify DT or the tour
guide at latest by the time of the agreed start of the guided tour,
and it shall specify its expected time of delayed arrival. The tour
guide may, in the name of DT, refuse to start the guided tour at alater time where such postponement is objectively impossible or
unreasonable, particularly where subsequent guided tours cannot
be conducted on time or the tour guide cannot honour othercompelling business or private appointments. Delays of over 30
minutes shall in general give DT – or the tour guide, in the name of
DT – the right to cancel the guided tour.
7.2 Details about the duration of guided tours are approximate.
7.3 There is no obligation for a specific tour guide to conduct theguided tour save where something else has been expressly agreed.
Where it has been agreed that the guided tour will be conducted bya designated individual, in the event that this individual is prevented
on compelling grounds from doing so (in particular owing to illness), DT shall have the right to replace that individual with anothersuitable and qualified tour guide.
7.4 DT’s liability shall be limited to intent and gross negligencesave where damage is caused to the life, limb, freedom or healthof the Client, or where the damage is caused by DT’s violation ofmajor contractual obligations.

Section C
General
8. Choice of law and agreement on place of jurisdiction
8.1. Insofar as the Client has its residence or registered officeoutside the European Union and/or Switzerland, the entire legal
and contractual relationship between the Client and DT shall besolely governed by German law.
8.2. Where the Client is a merchant, legal person under civil or
public law, or has its main residence or usual place of residence
abroad, or where its main residence or its usual place of residence
are not known at the time an action is brought, it is agreed that theplace of jurisdiction for legal proceedings by DT against the Client
shall be the place in which DT has its registered office.
Düsseldorf Tourismus GmbHBenrather Straße 940213 Düsseldorf
AG Düsseldorf, HRB 40263
Managing Directors: Frank Schrader, Ole Friedrich,Hans-Jürgen Rang
T +49 211 17 202-0
F +49 211 17 202-32 30
info@visitduesseldorf.de

Terms and conditions
DüsseldorfCard/DüsseldorfBikeCard
Dear visitors,
The specific offers of the DüsseldorfCard/DüsseldorfBikeCard, hereafter called “DC/DBC”, provide you with special services and advantages to make yourstay in Düsseldorf an outstanding experience. To achieve this aim, clearly defined agreements on mutual rights and duties have been stipulated and are contained in thefollowing terms of use. Please read these terms of use carefully before claiming the services.

1. Basic principle, object of these terms of use andparties to them
1.1. Düsseldorf Tourismus GmbH, hereafter shortened to “DT”,
is holder of all industrial property rights to the DC/DCB. The company is the issuer of the card and partner in the card use contract
with the holder of the card.
1.2. Service providers for the purpose of this contract are thoseinstitutions, companies, self-employed persons, businesses andfacilities listed in the then applicable directory of services andservice providers, pertaining to the DC/DCB, as providers of therespective services.

2. Legal bases, information and warranties by third
parties
2.1. The whole legal and contractual relationship between DT as
issuer of the card and the cardholder within the card use contract,
and between the cardholder and the service provider within thecontractual relationship governing the use of the card and its respective services, is subject to German law exclusively, in as far as
contracts with cardholders from EU states are not subject to othermandatory EU regulations in favour of the cardholder.
2.2. Sales and issuing points of the card are neither authorised by
DT as issuer of the card to make other arrangements diverging fromthese terms of use, nor can they provide information or warranties
diverging from, conflicting with or exceeding the then applicabledirectory of services pertaining to the card. The same applies tothe service providers, except when the information, the diverging
agreement or warranties refer to their own services.
2.3. Issuance and use of the card do not give rise to a contractual
obligation, with reference to the services, between the cardholder
and the issuer, or the sales and issuing points. The provision of aparticular service to the cardholder is solely the obligation of therespective service provider, not the issuer or the sales or issuing
point, unless they are services provided by the issuer or the sales or
issuing point themselves.
2.4. The issuer or the sales or issuing point has neither a contractual primary obligation nor a secondary obligation towards the
cardholder with regard to the services.

3. Conclusion of card use contract and issuance of card
3.1. With the offer of actually delivering the card, DT as issuer,
represented by the respective sales and issuing points, makes thebeneficial owner (see item 5 of these terms) a binding offer for theconclusion of the card use contract on the basis of these terms ofuse and the directory of services then applicable.
3.2. The card use contract is concluded with the acceptance of thecard by the customer, respectively with the actual use of the card.

4. Type and extent of services offered with the card,
restrictions of services and exclusion of cardholder
from use
4.1. The service providers are obliged to provide services only incompliance with the general conditions of their business activities,
in particular in consideration of service periods advertised, opening
times and general prerequisites for services (e.g. depending on
weather conditions).
4.2. In as far as the services provided with thecard are also described in advertising documents (hotel lists,
leaflets, catalogues, Internet pages) other than the then applicabledirectory of services, only the description of services in the thenapplicable directory of services is valid for the cardholder’s claim
to these services. This applies in particular if the description in the
directory of services pertaining to the DC/DCB diverges from suchother descriptions of the services.
4.3. The service providers may fully or partly restrict the services
offered, in particular with regard to time/duration, if this is factuallyjustified. Reasons can be, in particular, weather conditions, official
restrictions or regulations, maintenance work and repairs, measures in favour of traffic safety, excessive crowds or congestion offacilities and other similar factual reasons.
4.4. There is no entitlement to transfer of the card and/or its
services to future stays or other persons.

5. Utilisation of card, obligations and liability ofcardholder
5.1. To make use of the services the cardholder is obliged topresent the original card and to submit it to the service provider forelectronic or visual examination before making use of the service.
5.2. The cardholder is obliged to present valid photo identification
on request. If he/she is not able to do so, the service provider
may refuse to provide the service. For age-based services andadvantages to the cardholder or his/her entitled family members,
the service provider may request an appropriate proof of age.
5.3. If the card is stolen, lost or damaged, the cardholder is obliged
to notify the issuing point immediately. This does not entail a claim
to free-of-charge issuance of a new card.
5.4. In the case of misuse or suspected misuse, the service providers are entitled to retain the card without replacement.

6. Liability and limitation of liability of the issuer
and the issuing points
6.1. The liability of the issuer under the card use contract and of
the sales/issuing points with regard to issuance is limited to malicious intent and gross negligence, except for claims for damages tobody and life of the cardholder.
6.2. The liability of the service providers is limited in compliancewith their terms of business which may have been agreed on andare then applicable, and with applicable legal regulations.

Intermediary:
Düsseldorf Tourismus GmbHBenrather Straße 9, 40213 Düsseldorf, Germany;
Düsseldorf District Court, HRB 40263;
Managing Directors: Frank Schrader, Ole Friedrich,Hans-Jürgen Rang
T +49 211 17 202-0, F +49 211 17 202-32 30
info@visitduesseldorf.de

General terms and conditions for the renting ofrental vehicles within the framework of the
DüsseldorfBikeCard
Dear customer,
please pay attention to the following General terms and conditions. In addition to the statutory regulations, these terms and conditions, insofar as validly agreed in accordancewith the statutory provisions, shall become an integral part of the contract concluded between you – hereinafter referred to as: “Lessee” – and Düsseldorf Tourismus –hereinafter referred to as: “Lessor”.

1. General contractual obligations
1.1 The lessor undertakes to hand over and make available tothe lessee the rental vehicle together with the agreed accessories in a roadworthy, drivable and defect-free condition forthe duration of the agreed rental period. The lessee is aware thatthe rental period can only be extended with the prior writtenconsent of the lessor and that he or she is not entitled to an
extension.
1.2 By accepting the rental vehicle, the lessee acknowledges
that he or she has received the rental vehicle and the agreed
accessories in a roadworthy, drivable and defect-free condition.

2. Terms of use
2.1 The lessee is obliged to use the rental vehicle only in a
traffic-safe manner and in compliance with the statutory
provisions, in particular in compliance with the provisions of theRoad Traffic Act (StVO and StVG). The rental vehicle may only be
used for the intended purpose. The use on unpaved roads andpaths represents improper use of the rental vehicle.
2.2 The lessee undertakes to handle the rental vehicle with carein compliance with the technical rules within the framework of
the agreed use under Section 2.1.
2.3 The lessee is obliged to secure the rental vehicle properly
against damage or theft. If he or she parks the rental vehicle, thelessee must take all required and necessary precautions to protect the rental vehicle from damage and theft. The lessee may
only park the vehicle locked. In the case of pedelecs/e-bikes, i.e.
electric bicycles or bicycles with electric assistance, the accessories, such as the battery and, if applicable, the display, mustalso be removed when the journey is interrupted.

3. Warranty rights and defects in the rental vehicle
3.1 For the duration of the rental period, the lessor undertakes
to maintain the rental vehicle in the condition specified in
Section 1.1 of these General terms and conditions, unless any
defects are attributable to behaviour of the lessee that is inbreach of the contract.
3.2 The lessee must notify the lessor immediately of any defects
in the rental vehicle that occur during the rental period at one of
the following locations.
Locations to be informed:
Bike station at the train station + 49 (0) 211 5144711
Bike rental on the banks of the Rhine + 49 (0) 160 98150912
If the notification of defects is not performed, the lessor isentitled to assert claims against the lessee for the damage
caused by the failure to notify the defect.
3.3 The lessor shall bear the costs incurred for necessary
repairs to the rental vehicle during the rental period. This does
not apply if such repairs are the result of culpable behaviouron the part of the lessee and/or his or her vicarious agents. If
repairs are only due to culpable behaviour or behaviour contrary
to the contract on the part of the lessee and/or his or her vicarious agents, the lessee must reimburse the lessor for these costs.
This also applies to improper handling of the rental vehicle or
improper use by the lessee.

4. Use by third parties

The lessee is not entitled to allow a third party to use the rental
vehicle he or she has rented without the consent of the lessor.

5. Behaviour in the event of an accident and/or theft
5.1 In the event of theft/loss of the rental vehicle as well as in
the event of damage caused by an accident, the lessee must
inform the lessor immediately by submitting a detailed written
report. In the event of theft, the lessee is obliged to report thisto the police immediately and to provide the lessor with proof ofthis.
5.2 If, in addition to the lessee, other people or third-party
property are involved in an accident, the lessee is also obliged
to notify the police and report the incident. If the lessee culpably
fails to comply with this obligation to notify, he or she is liable
to the lessor for any damage arising from the breach of thisobligation.

6. Liability
6.1 The liability of the lessor for claims for damages by thelessee under this contract shall be limited to intent and grossnegligence. This does not apply to injuries to life, body andhealth.
6.2 The lessee is liable to the lessor for damage to the rental
vehicle that occurred during the rental period and which is
attributable to culpable behaviour on the part of the lessee and/or his or her vicarious agents or persons helping in the performance of his or her obligations. This also applies if the lessor
suffers further damage as a result of the culpable violation of thecontractual obligations of the lessee under this contract.
6.3 The lessor shall not be liable for damage incurred by thelessee and/or third parties as a result of the lessee using therental vehicle in breach of contract or illegally. The lessor is also
not liable for damage incurred by the lessee when using therental vehicle as a result of illegal behaviour by third parties. The
lessor is also not liable for damage to the objects transportedwith the rental bicycle.
6.4 The lessor is also not liable in the event of unauthorised
and/or non-permitted use of the rental vehicle in the cases
specified in Section 2.1 of these General terms and conditions.
6.5 In the event of the rental vehicle being stolen during therental period, the lessee is liable to the lessor for the loss of therental bicycle in the amount of the replacement value, insofar as
he or she is responsible for the loss of the bicycle. The lessee ispermitted to prove that the lessor has not suffered any damage
or that the damage is significantly less than the replacement
value.

7. Return policy
7.1 The lessee must return the rental vehicle at the end of thecontractual rental period (Section 2 of the rental contract) within
the business hours of the lessor in the condition described in
Section 1.1, at the bike station at Düsseldorf main station.
7.2 In the event of an extension of the contractually agreed
rental period, which requires the consent of the lessor, thelessee is obliged to return the rental vehicle to the rental location
after the end of the extended rental period.
7.3 In the event that the rental vehicle is not handed over ingood time within the agreed rental period, the lessee must pay
the lessor at least the contractually agreed daily rent for eachday or part thereof. In addition, the lessor reserves the right toassert further claims for damages, in particular due to the breachof contractual obligations.
7.4 If the rental vehicle is in a very dirty condition when it
is returned, the lessor is also entitled to charge the lessee areasonable amount for cleaning, up to a maximum of €10.00.
The lessee is permitted to prove that the lessor did not incur any
cleaning costs or that they were significantly less than €100.00.

8. Final provisions
8.1. For the rest, the general legal provisions apply, unlessotherwise regulated by the contract or the General terms andconditions.
8.2. No other ancillary agreements have been made outsideof this contract; changes or additions to the contract or the
General terms and conditions for the rental must be in writing.
A change to the written form clause must also be in writing.
8.3. The statutory provisions apply.